Position Papers on State Reform

This position paper by the Public Affairs Research Institute (PARI) proposes reforms to the appointment and removal processes of senior leaders within South Africa's key criminal justice institutions. It argues that political manipulation, corruption, and patronage have eroded the independence and legitimacy of these bodies, necessitating a shift toward transparent, merit-based selection mechanisms to ensure the rule of law.

• The criminal justice system in South Africa has suffered from significant political manipulation over the last decade, where corruption and patronage have caused institutions to serve party factions rather than the public, leading to impunity for those who should be prosecuted.
• The National Prosecuting Authority (NPA) suffers from a concentration of appointment power in the hands of the President and Minister of Justice, with at least 14 top positions appointed without input from Parliament, professional bodies, or the public.
• The selection criteria for the National Commissioner of the South African Police Service (SAPS) are described as being less rigorous than those for the lowest rank of constable, which has facilitated political appointments over merit.
• The Independent Police Investigative Directorate (IPID) lacks a prescribed, transparent procedure for appointing its Executive Director, as the IPID Act allows the Minister of Police to determine the procedure themselves.
• The document proposes that selection panels for senior leaders should consist of up to 10 people from diverse professional and academic backgrounds, publish candidate names for public objection, and conduct interviews in public.
• To prevent patronage, the paper recommends that appointments to the NPA, DPCI, IPID, and SAPS be non-renewable, with fixed terms of office ranging from 5 to 7 years.
• The paper suggests establishing boards of enquiry, comprising a judge or retired judge and two other persons, to investigate removals based on incapacity, incompetence, or misconduct across agencies.
• For the NPA, IPID, and DPCI, the document proposes that Parliament must pass a resolution before any removal of a senior leader actually takes effect.
• The document advocates for minimum selection criteria to include legal qualifications (for NPA), being 'fit and proper' regarding integrity and experience, and a minimum number of years of experience in technical posts.

APA

Public Affairs Research Institute (2019). Position Papers on State Reform. https://pari.org.za/wp-content/uploads/2019/10/RevisedDraft_ThematicArea2_AppointmentsRemovals_CriminalJusticeSystem.pdf

Chicago

Public Affairs Research Institute. Position Papers on State Reform. 2019. https://pari.org.za/wp-content/uploads/2019/10/RevisedDraft_ThematicArea2_AppointmentsRemovals_CriminalJusticeSystem.pdf.

Wikipedia

{{cite report |author=Public Affairs Research Institute |title=Position Papers on State Reform |date=18 October 2019 |url=https://pari.org.za/wp-content/uploads/2019/10/RevisedDraft_ThematicArea2_AppointmentsRemovals_CriminalJusticeSystem.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{publicaffairsresearchinstitute2019position, author = {{Public Affairs Research Institute}}, title = {{Position Papers on State Reform}}, institution = {Public Affairs Research Institute}, year = {2019}, month = oct, url = {https://pari.org.za/wp-content/uploads/2019/10/RevisedDraft_ThematicArea2_AppointmentsRemovals_CriminalJusticeSystem.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }